It would appear that emotions are coming to the forefront again as opposed to analytical analysis.
After reading this and in discussion with friends in the legal system the argument is whither Air Canada can crew its flights economically with the over/under rule.
Captain Duke in his testimony said it cannot be done without undue financial hardship to the airline. As Captain Duke has the gravitas for this discussion, the judgement was rendered to show the airline would be in financial difficulties if the B.F.O.R. was not enforced.
As stated in other threads at other times the lawyer who will be in on the final ruling of this saga has not been conceived as of yet.
On another discussion point with friends in the legal community they find it curious for a lawyer to use public forums such as this to get his view across as opposed to the court room.
So rather than pontificating the same old "unfairness or human rights" enjoy what is left of the summer and let the process unfold as it will without your assistance.